The Process of Removing a Supreme Court Judge in India: A Detailed Examination

Removal of a Supreme Court Judge in India is a complex and rigorous procedure governed by constitutional guidelines. This article delves into the detailed procedure, highlighting the key steps and the roles of various officials and bodies involved in such a process.

Understanding the Removal Process

Procedures to remove a Supreme Court Judge, such as the Chief Justice of India (CJI), are regulated by the Constitution and supplemented by the Judges Inquiry Act, 1968. It’s important to distinguish that judges are not impeached in the traditional sense, but removed by the President following a motion by either House of Parliament.

The Constitutional Basis

The Indian Constitution specifically mentions grounds for removing a Supreme Court Judge in Article 124(4), citing 'proved misbehaviour or incapacity' as the basis for such actions. This constitutional provision sets the stage for initiating the removal process.

The Impeachment Procedure

The process begins with a formal motion being submitted to either the Lok Sabha or Rajya Sabha (lower and upper houses of the Parliament, respectively). The motion must be signed by a predetermined number of members, 50 in the Rajya Sabha or 100 in the Lok Sabha, which marks the first step in the chain of events leading to the removal of a judge.

The Judicial Inquiry Committee

Upon the admission of the motion, a judicial inquiry committee is constituted. This committee, comprising of a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist, investigates the charges levied against the judge. The findings of this committee are crucial as they determine whether the charges are substantiated.

Parliamentary Adoption and President's Order

Should the inquiry committee find the charges prove, the motion must then be adopted by a majority vote in both Houses of Parliament and further endorsed by a two-thirds majority of the members present and voting in the same session. At this stage, the President has the final say and issues the order of removal if the charges are deemed valid.

The Role of the Presiding Officer

The Vice President of India, acting as the presiding officer, has an initial role in deciding whether to admit the motion. However, this decision is not automatic. The PO must ensure that there is sufficient merit in the charges before admitting the motion, and has the authority to block it if the charges lack substance.

Complexity and Considerations

Impeachment is a nuanced process that blends both judicial and political processes. The admission of the motion, setup of the inquiry committee, and its findings are considered judicial processes, while the adoption by Parliament is a political process. This complexity has thus far prevented any Supreme Court judge from being removed.

The Latest Rejection

The recent rejection of the impeachment motion against CJI Dipak Misra highlights the stringent nature of the process. The Vice President, M Venkaiah Naidu, while not obligated to provide reasons, detailed that the charges lacked merit and could potentially harm judicial independence. This underscores the careful approach required by authorities in navigating this sensitive process.

Conclusion

The process of removing a Supreme Court Judge in India is deeply rooted in constitutional provisions and encompasses a series of checks and balances to ensure judicial integrity and independence. Understanding this procedure helps in appreciating the challenges and complexities involved in such a significant decision.